MATTER OF GERAERDTS


38 Misc.2d 171 (1962)

In the Matter of The Estate of William Geraerdts, Deceased.

Surrogate's Court, Westchester County.

October 25, 1962


Attorney(s) appearing for the Case

Turk, Marsh, Ouchterloney & Kelly for petitioner. Davis Polk Wardwell Sunderland & Kiendl for respondent. Julian A. Ronan for respondent.


HARRY G. HERMAN, S.

The legal representative of a deceased surety upon the bond of the administratrix, c.t.a., has moved for the reargument of its motion pursuant to section 107 of the Surrogate's Court Act to dismiss the pending accounting proceeding as to the deceased surety, on the ground that any claim against the surety is barred by the Statute of Limitations.

Movant contends that in denying the motion to dismiss, the court "overlooked...

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